Terms

Sponsored by Pro Performance Sports, LLC (“Sponsor”). No purchase or payment required to enter or to win. Search is void where prohibited.

INTRODUCTION: These are the Official Rules, Terms, and Conditions of the SKLZ Performance Training Ambassador Search (the “Search”). Details of how to enter and what is involved with being a SKLZ Ambassador are contained here.

TIMING: The Search begins on August 1, 2012 and ends on September 9, 2012 (the “Promotion Period”).

TO APPLY: The Search may only be entered online. You (”Applicant”) can enter the Search online during the Promotion Period (as defined above), by submitting an application on to http://SKLZ.com/TrainerAmbassador or http://www.facebook.com/SKLZFans on the ”Ambassador Search” tab and submitting an application for the SKLZ Ambassador Search. Complete the on-screen registration form, including the upload of a video with the following aspects;

• Must be no more than two (2) minutes in length
• YouTube link must be submitted to one of the web-pages defined above
• Must have at least one (1) product on the ’required’ product list in the exercise/movement/drill. It does not have to be a SKLZ brand product

No other methods of entry will be accepted.

USE OF DATA: Sponsor will be collecting personal data about Applicants (including, without limitation, name, phone number and e-mail address) when they enter the Search online. Sponsor is entitled to use such personal data contained in all entry forms in accordance with Sponsor’s Privacy Policy at http://www.sklz.com/sklz-info/privacy, in particular, to contact a potential contractor regarding their Ambassadorship and for future marketing announcements to Applicants from Sponsor via e-mail and telephone. By participating in the Search, Applicants hereby agree to all personal information uses and disclaimers as explained in Sponsor’s Privacy Policy.

ELIGIBILITY: The Search is open to all residents of the fifty United States and the District of Columbia (excluding Puerto Rico, Guam, U.S. Virgin Islands, and all other U.S. and foreign territories and possessions, and excluding where otherwise prohibited by law, rule or regulation), who are certified trainers 18 years of age or older at time of application. Void where prohibited or restricted by law. Employees or Sponsor or its affiliates, subsidiaries, advertising or promotion agencies are not eligible, nor are members of these employees’ families (defined as parents, children, siblings, spouse, and life partners).

AGREEMENT TO OFFICIAL RULES: Participation in the Search constitutes Applicant’s full and unconditional agreement to and acceptance of these Official Rules and Sponsor’s Privacy Policy at http://www.sklz.com/sklz-info/privacy, and to be contacted by telephone and/or email.

Applicants represent and warrant that their video submissions pursuant to these Official Rules are original works created by the Applicant, are not copied from any other source, do not infringe the intellectual property rights, including copyright rights, rights of publicity or privacy, or any other rights of any third party and are not defamatory, scandalous or obscene. The submitted video may not contain content that Sponsor, in its sole discretion, deems inappropriate for public display. Content deemed inappropriate includes, but is not limited to vulgarity, pornography, illegal activity or messaging that is overtly political in nature.

SELECTION OF WINNER: Sponsor, along with partners at Athletes’ Performance (“Judging Panel”) will choose one (1) Applicant as the new SKLZ Ambassador on September 9, 2012 in the Sponsor’s offices in Carlsbad, California based on the following:

• the total number of YouTube likes the video has accrued by the end of the entry period
• Creativity
• Personality
• Presentation
• Drill selection and ability to clearly demonstrate
• Ability to exhibit the SKLZ and AP strong training ethic, energy and performance knowledge

The chosen Ambassador will be notified via telephone or email within ten (10) days of selection. Sponsor’s decisions as to all matters related to administration of the Search and selection of the chosen Ambassador are final. The chosen Ambassador must comply with all terms and conditions set forth in these Official Rules, and winning and award of Prizes is contingent upon fulfilling all requirements. If the chosen Ambassador cannot be contacted within SEVENTY-TWO (72) hours after the first attempt to contact such potential Ambassador, then an alternate Applicant will be selected as the chosen Ambassador. Sponsor reserves the right to not select a winner if entries received are judged to be of insufficient quality.

WINNER: There will be one (1) SKLZ Ambassador position awarded in the Search (the Ambassador position may also be referred to as the “Position” in these rules.) The SKLZ Ambassador will not receive monetary compensation, however he/she will receive the following:

• An all-expense paid trip to Athletes’ Performance Arizona
• Enrollment in the Athletes’ Performance certification course
• An all-expense paid trip to SKLZ Headquarters in Carlsbad, CA to play a starring role in a Performance Training instructional series
• Products and swag
• Exposure through syndication of the instructional video series and other marketing materials

The Ambassador may also receive a stipend to attend events, contribute to marketing content and collateral throughout the year-long Ambassadorship. On average, the Ambassador can expect to commit 2-5 days per month with all commitments and stipends to be agreed upon in advance and on a case-by-case basis. Some travel will be involved.

Odds of being awarded the Ambassador contract depend on the number of eligible applications received during the entire Promotion Period.

Except where otherwise expressly noted in these Official Rules, the selection of all vendors, goods, products and services is subject to the Sponsors’ sole and absolute discretion. The Position (and/or any portion thereof) are nontransferable and non-exchangeable. No substitutions or cash redemption of the Ambassadorship are permitted except that Sponsor retains the right to substitute a program of equal or greater value. Additional restrictions may apply.

All federal, state, provincial and local taxes related to each Position are the sole responsibility of the chosen Ambassador. All other expenses and costs, not expressly listed above, including but not limited to any taxes, customs charges, and any other expense or cost, not expressly included above, are the Ambassador’s sole responsibility. No refunds or credit for changes are allowed. No transfer of the Position is permitted. The chosen Ambassador must execute and return an Affidavit of Eligibility/Release of Liability, Publicity and W9 within FIVE (5) days of notification. Noncompliance within this time period may result in disqualification, and an alternate Ambassador may be selected.

RIGHTS TO USE ENTRIES: By submitting a video for the Search, and without any additional consideration or payment of any kind, each Applicant, grants the Sponsor a worldwide, non-exclusive, non-restrictive, perpetual, non-revocable, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, transmit, make available, prepare derivative works of, or display the video or any portion thereof in connection with any commercial purpose in any media formats and through any media channels without further compensation.

GENERAL CONDITIONS: Sponsor reserves the right at its sole discretion to cancel or modify the Search if Sponsor determines that the Search is impractical, fraudulent, void, unlawful, or if there are any technical or administrative malfunctions, errors, or other problems that affect the structure, terms or lawful administration of the Search, or for any other reason as determined by Sponsor.

Online applications are deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The “authorized account holder” is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A chosen Ambassador may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning entry or is a resident of the United States or the District of Columbia (excluding Puerto Rico, Guam, U.S. Virgin Islands, and all other U.S. and foreign territories and possessions). The Position will only be awarded to the authorized account holders.

If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Search, or if technical difficulties compromise the integrity of the Search, the Sponsor reserves the right in its sole discretion to void any entries at issue (including disqualifying any individual who tampers or otherwise interferes with the entry process), and to cancel, terminate, modify or suspend the Search, in whole or in part, at any time without notice. In the event of such cancellation, Sponsor reserves the right to award prizes in a random drawing from all eligible entries received before the time of cancellation.

Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of unauthorized access to, or alternation of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry received by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site, including http://www.sklz.com any combination thereof, or otherwise, including any injury or damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials in the Search.

DUTIES OF PARTICIPANTS; LIMITATION OF LIABILITY: By participating in this Search, Applicants agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor, which are final in all matters relating to the Search. Applicants agree to release and hold harmless Sponsor and its agents, employees, managers, officers, directors, affiliates, subsidiaries, representatives, successors and assigns, and advertising, promotion, and legal advisors against any and all claims, injury or damage, including attorney’s fees, arising out of or relating to participation in this Search and/or the use or misuse or redemption of a prize and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property related cause of action. Applicants acknowledge compliance with these Official Rules. All federal, state, and local laws apply.

DISPUTES: Applicant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Search, or any prizes awarded, other than those concerning the administration of the Search or the determination of winners, shall be resolved individually, without resort to any form of class action, and Applicant hereby waives the right to initiate or participate in any class action; (ii) any and all disputes, claims and causes of action arising out of or connected with this Search, or any prizes awarded, shall be resolved exclusively by the United States District Court located in San Diego County, California; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Search, but in no event attorneys' fees; and (iv) under no circumstances will Applicant be permitted to obtain awards for, and Applicant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Search, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

Should any provision of the Official Rules be or become invalid under the laws of a particular country, the same shall not affect the validity of the remaining provisions.

Facebook and/or YouTube are not liable for any content posted by SKLZ or entrants. This Search is in no way sponsored, endorsed or administered by, or associated with, Facebook or YouTube. You understand that you are providing your information to Sponsor and not to Facebook or YouTube. By applying to the Search, you are accepting these terms and conditions as well as Facebook’s and YouTube’s terms of use. The information you provide will be used as described in these Official Rules. By applying, Applicants grant to Sponsor a payment-free, perpetual, non-exclusive license to use all information provided, including their name, city and state of residence, testimonials, and/or prize information for advertising, publicity and promotional purposes in all media without further notice. By entering, each Applicant acknowledges that Sponsor has the right at all times to disclose information (including the identity of the persons providing information or materials on the SKLZ Facebook page) as necessary to satisfy any law, regulation or valid governmental request.

CAUTION: ANY ATTEMPT BY AN APPLICANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SEARCH MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

SPONSOR:
Pro Performance Sports, LLC
2081 Faraday Drive
Carlsbad, CA 92008

FINAL SEARCH LIST: Search results and copy of these Official Rules may be obtained by sending a self-addressed, stamped envelope to: Official Rules: SKLZ Ambassador Search, Pro Performance Sports, LLC, 2081 Faraday Drive, Carlsbad, CA 92008. Results will be available after September 15, 2012. Requests for results must be received by October 31, 2012.

If you have any questions that are not answered in the Official Rules, Terms, and Conditions, please refer to the FAQ. If you still have a question after that, please email ambassadorsearch@sklz.com.